Dr.Ambedkar Mandram-Thiruchuli v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2018
CORAM
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM W.P(MD) No.23915 of 2017 Dr.Ambedkar Mandram-Thiruchuli, Represented by its, President D.Kumar, Government Hospital Road, Thiruchuli, Virudhunagar District.
... Petitioner -Vs1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Superintendent of Police, Virudhunagar District, Virudhunagar.
3. The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.
4. The Inspector of Police, Thiruchuli Police Station, Thiruchuli, Virudhunagar District.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, to direct the respondents to remove the lock and barricade erected by the respondents at Dr.Ambedkar Mandram, Dr.Ambedkar Thidal, Thiruchuli, Virudhunagar District.
For Petitioner : Mr.R.Murugan For Respondents : Mr.N.Shanmugaselvan Additional Government Pleader
O R D E R
This writ petition has been filed to direct the respondents to remove the lock and barricade erected by the respondents at Dr.Ambedkar Mandram, Dr.Ambedkar Thidal, Thiruchuli, Virudhunagar District.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3.The learned Additional Government Pleader has submitted that already the barricade has been removed. He further submitted that since the respondents did not put any lock, no lock has to be removed by the respondents.
4.The learned counsel for the petitioner has submitted that two locks had been put in the said Mandram, one was put by the petitioner and the other was put by the respondents. He further submitted that the lock put by the respondents has not been removed so far.
5.Since the learned Additional Government Pleader has represented that already the barricade has been removed, there is no need to pass any order for removing the barricade. Insofar as the removal of lock is concerned, the learned Additional Government Pleader has submitted that the respondents never put any lock. In such a case, it is for the petitioner to remove the lock and use the premises subject to the result of the civil suit, which is pending in O.S.No.39 of 2011, on the file of the District Munsif Court, Aruppukottai.
6.The learned Additional Government Pleader further submitted that since the said place is situated near the Bus Stand and Government Hospital, the petitioner shall not use the same for public meeting, and therefore, the respondents have to put barricade, whenever necessary, to regulate the traffic. 7.It is open to the respondents to put barricade, whenever necessary, for the purpose of regulating the traffic, without affecting the petitioner's access to the said mandram. 8.With the aforesaid submissions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar
To
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Superintendent of Police, Virudhunagar District, Virudhunagar.
3. The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.
4. The Inspector of Police, Thiruchuli Police Station, Thiruchuli, Virudhunagar District.
+ 2 ccs TO Mr.R.Murugan , Advocate in SR No. 42381 + 1 cc TO The Special Government Pleader in SR No. 42518 gsp AE/KK/SAR1/25.11.2018/3P/8C W.P(MD) No.23915 of 2017 12.01.2018